Modifications etc. (not altering text)
C1Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)
(1)The term of a suspended sentence as it takes effect by virtue of an order under section 193 must not exceed 28 days unless the officer has extended powers for the purposes of this section.
(2)If—
(a)section 193(2)(a) applies and the officer awards a term of service detention in respect of the offence mentioned there (“the new sentence”), and
(b)the officer makes an order under section 193 and the order provides for the suspended sentence to take effect from the end of the new sentence,
the aggregate of the terms of the two sentences must not exceed 28 days or, if the officer has extended powers for the purposes of this section, 90 days.
(3)Nothing in subsection (2) affects section 133 (which determines the maximum length etc of the new sentence).
(4)An officer has extended powers for the purposes of this section if he has, before the relevant time—
(a)applied to higher authority for extended powers for the purposes of this section; and
(b)been notified by higher authority that his application has been granted.
(5)An officer also has extended powers for the purposes of this section if he is of or above the rank of rear admiral, major-general or air vice-marshal.
(6)In subsection (4) “the relevant time” means—
(a)where section 193(2)(a) applies, the beginning of the summary hearing of the charge mentioned there;
(b)where section 193(2)(b) applies, the beginning of the hearing as to whether an order under section 193 should be made.
(7)Section 193 is subject to section 244 (limit on combined term of sentences of service detention).
Commencement Information
I1S. 194 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 194 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4